Court No. - 81
Case :- APPLICATION U/S 482 No. - 46548 of 2019 Applicant :- Babita Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant Shri Santosh Kumar Dubey and in opposition, Shri Attrey Dutt Mishra, learned A.G.A. for the State and perused the record.
This application under Section 482 of Cr.P.C. has been moved on behalf of the applicant with a prayer to quash the order dated 23.11.2019 passed by the District and Sessions Judge, Hapur, in S.T. No. 59 of 2018, arising out of Case Crime No. 313 of 2016 (Babita v. Vinod and others), under Section 307 of I.P.C., Police Station - Hapur Kotwali, District - Hapur.
It is argued by learned counsel for the applicant that the order dated 23.11.2019 has been erroneously passed by the court below, whereby application '24 kha' under Section 311 of Cr.P.C. moved by the complainant/informant has been rejected, whereby it was prayed that P.W.3 Dr. Awadhesh Kumar and P.W.4 Constable Harendra be re-summoned for further cross- examination on certain points as there was some dispute in respect of time of admission of the injured into the hospital. The trial court has recorded in its impugned order that counsel for the accused has cross-examined the said witnesses at length and the complainant has moved this application only to fill up the lacunae. The statement which has been given by P.W.4 Constable Harendra, he has nowhere objected to the statement made by him that it was not correct. Similarly, Dr. Awadhesh Kumar has also been examined as P.W.3., he has recorded the time at which he conducted the medical examination of the injured. Both the witnesses have been allowed to be cross- examined by the accused side at length and therefore, such kind of application cannot be allowed to fill up the lacunae.
In view of above, I find no force in the prayer made and submission thereof advanced by learned counsel for the applicant.
In the result, the instant application stands rejected. Order Date :- 17.12.2019 I. Batabyal